[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Rules and Regulations]
[Pages 18126-18135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9044]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7482-3]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Texas has applied for Final authorization of its 
revisions to its Hazardous Waste Program under the Resource 
Conservation and Recovery Act (RCRA). The EPA has determined that these 
revisions satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's revisions through this 
immediate final action. The EPA is publishing this rule to authorize 
the revisions without a prior proposal because it believes this action 
is not controversial and does not expect adverse comments. Unless the 
EPA receives adverse comments which oppose this authorization during 
the comment period, the decision to authorize the State of Texas' 
revisions to their hazardous waste program will take effect. If adverse 
comments are received, the EPA will publish a document in the Federal 
Register either: withdrawing this immediate final decision; or a notice 
containing a response to comments and which either affirms that the 
immediate final decision takes effect or reverses the decision.

DATES: This immediate final rule is effective on June 16, 2003, unless 
EPA receives adverse written comment by May 15, 2003. Should the EPA 
receive such comments, it will publish a timely document either: 
withdrawing the immediate final publication or affirming the 
publication and responding to comments.

ADDRESSES: Written comments, referring to Docket Number TX-01-02, 
should be sent to Alima Patterson Region 6 Regional Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 1145 Ross Avenue, Dallas 
Texas 75202-2733. Copies of the State of Texas program revision 
application and the materials which EPA used in evaluating the revision 
are available for inspection and copying from 8:30 a.m. to 4 p.m. 
Monday through Friday at the following addresses: Texas Commission on 
Environmental Quality (TCEQ), 12100 Park S. Circle, Austin TX 78753-
3087, (512) 239-1121 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, (214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal Hazardous Waste Program. As the Federal program 
changes, States must change their programs and ask EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, States must change their programs 
because of changes to EPA's regulations in 40 CFR parts 124, 260-266, 
268, 270, 273, and 279.

B. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Texas subject to 
RCRA will now have to comply with the authorized State requirements (in 
RCRA Clusters VII through X listed in this document) instead of the 
equivalent federal requirements in order to comply with RCRA. Texas has 
enforcement responsibilities under its state hazardous waste program 
for violations of such program, but EPA retains its authority under 
RCRA sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to: (1) Do inspections, and require monitoring, tests, 
analyses or reports; (2) enforce RCRA requirements and suspend or 
revoke permits; and (3) take enforcement actions after notice to, and 
consultation with the State . This action does not impose additional 
requirements on the regulated community because the regulations for 
which Texas is being authorized by today's action are already 
effective, and are not changed by today's action.

C. What Has The State Of Texas Previously Been Authorized For?

    Texas received final authorization to implement its Hazardous Waste 
Management Program on December 12, 1984, effective December 26, 1984 
(49 FR 48300). This authorization was clarified in a notice published 
in the FR on March 26, 1985 (50 FR 11858). Texas received final 
authorization for revisions to its program in notices published in the 
Federal Register on January 31, 1986, effective October 4, 1985 (51 FR 
3952); on December 18, 1986, effective February 17, 1987 (51 FR 45320). 
EPA authorized the following revisions: March 1, 1990, effective March 
15, 1990 (55 FR 7318); on May 24, 1990, effective July 23, 1990 (55 FR 
21383); on August 22, 1991, effective October 21, 1991 (56 FR 41626); 
on October 5, 1992, effective December 4, 1992 (57 FR 45719); on April 
11, 1994, effective June 27, 1994, (59 FR 16987); on April 12, 1994, 
effective June 27, 1994 (59 FR 17273); September 12, 1997, effective 
November 26, 1997 (62 FR 47947); and on August 18, 1999, effective 
October 18, 1999 (64 FR 44836) and July 13, 2000, effective September 
11, 2000 (65 FR 43246). EPA incorporated by reference the State of 
Texas Base Program and additional program revisions in RCRA Clusters 
III and IV into the CFR on September 14,

[[Page 18127]]

1999 (64 FR 49673); effective November 15, 1999.
    On March 28, 2002, Texas submitted a final complete program 
revision application, seeking authorization of its program revision in 
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the 
Texas Natural Resource Conservation Commission (TNRCC) which combined 
the functions of the former Texas Water Commission and the former Texas 
Air Control Board. The transfer of functions to the TNRCC from the two 
agencies became effective on September 1, 1993. House Bill 2912, 
Article 18, of the 77th Texas Legislature, 2001, changed the name of 
the TNRCC to the Texas Commission on Environmental Quality (TCEQ) and 
directed the TNRCC to adopt a timetable for phasing in the change of 
the agency's name. The TNRCC decided to make the change of the agency's 
name to the TCEQ effective September 1, 2002. The change of name became 
effective September 1, 2002, and the legislative history of the name 
change is documented in the Attorney General Statement. The TCEQ may 
perform any act authorized by law either as the TNRCC or as the TCEQ. 
Id. Therefore, references to the TCEQ are references to TNRCC and to 
its successor, the TCEQ. For further legislative history on the name-
change (See, Act of June 15, 2001, 77th Leg. R. S., Ch 965, section 
18.01, 2001 Tex. Gen. Laws 1985).
    The TCEQ has primary responsibility for administration of laws and 
regulations concerning hazardous waste, under the Texas Solid Waste 
Disposal Act (codified in Chapter 361 of the Texas Health & Safety 
Code). The TCEQ is authorized to administer the RCRA program. However, 
the Railroad Commission (RRC) has jurisdiction over the discharge, 
storage, handing, transportation, reclamation, or disposal of waste 
materials (both hazardous and non hazardous) that result from the 
activities associated with the exploration, development, or production 
of oil or gas or geothermal resources and other activities regulated by 
the RRC. See, Tex. Water Code Ann. section 26.131 and Ch. 27 (Vernon 
2000). A list of activities that generate wastes that are subject to 
the jurisdiction of the RRC is found at 16 Tex. Admin. Code section 
3.8(a)(30) and at 30 Tex. Admin. Code section 335.1. Such wastes are 
termed ``oil and gas wastes.'' The TCEQ has responsibility to 
administer the RCRA program, however, hazardous waste generated at 
natural gas or natural gas liquids processing plants or reservoir 
pressure maintenance or repressurizing plants are subject to the 
jurisdiction of the TCEQ until the RRC is authorized by EPA to 
administer those waste under RCRA. When the RRC is authorized by EPA to 
administer the RCRA program for these wastes, jurisdiction over such 
hazardous waste will transfer from the TCEQ to the RRC. The EPA has 
designated the TCEQ as the lead agency to coordinate RCRA activities 
between the two agencies. The EPA is responsible for the regulation of 
any hazardous waste for which TCEQ has not been previously authorized.
    Further clarification of the jurisdiction between the TCEQ and the 
RRC can be found in a separate document. This document, a Memorandum of 
Understanding (MOU), became effective on May 31, 1998. The MOU 
clarified the jurisdictional boundaries between the agencies for the 
management and regulation of waste associated with exploration, 
development, production and refining of oil and gas. The MOU has been 
adopted by rule, which is an adoption by reference of the RRC's rule, 
and describes the division of responsibilities as well as the 
procedures for coordination between the two agencies. See, TCEQ's rule 
30 Tex. Admin. Code section 7.117 and RRC's rule at 16 Tex. Admin. Code 
section 3.30.
    The TCEQ has the rules necessary to implement EPA's RCRA Clusters 
VII through X revisions to the Federal Hazardous Waste Program 
promulgated from July 1, 1995, to June 30, 2000. The TCEQ authority to 
incorporate Federal rules by reference can be found at Texas Government 
Code Annotated section 311.027 (Vernon 1998) and adoption of the 
hazardous waste rules in general are pursuant to the following 
statutory provisions: (1) Tex. Water Code Ann. section 5.103 (Vernon 
2000), effective September 1995, as amended, (TCEQ's authority to adopt 
any rules necessary to carry out its powers and duties); (2) Tex. 
Health & Safety Code Ann. section 361.024 (Vernon 2001), effective 
September 1, 1995, as amended (authority to adopt rules necessary to 
``establish minimum standards of operation for the management and 
control of solid waste''); and (3) Tex. Health & Safety Code Ann. 
section 361.078 (Vernon 2001), effective September 1, 1989 
(specifically recognizing TCEQ's authority to adopt hazardous waste 
rules and to issue and enforce permits to the extent necessary to 
receive and maintain RCRA authorization). The TCEQ partially adopted 
the Hazardous Remediation Waste Management Requirements (HWIR-Media). 
The following are the federal rules: 40 CFR 260.10, 261.4(g) through 
261.4(g)(2)(ii), 264.1(j)(3)(i) through 264.1(j)(3), 264.554 through 
264.554(m), 265.1(b), 268.2(c), 268.50(g) and 270.42 Appendix I because 
the HWIR-Media rule is an optional rule, States can partially adopt the 
rule if the State has in place other mechanism to address those 
hazardous waste. The TCEQ did not adopt 40 CFR 270.11(d)(1)-(3), 
270.68, 270.73(a), 270.79, 270.80(a)-(f), 270.85(a)-(c), 270.95, 
270.100, 270.105, 270.110 introduction through 270.110(i), 270.115, 
270.120, 270.125, 270.130(a)-(b), 270.135 introduction through 
270.135(c), 270.140 introduction through 270.140(c), 270.145(a) 
introduction through 270.145(d)(3), 270.150(a)-(g), 270.155(a) 
introduction through 270.155(b), 270.160 introduction through 
270.160(c), 270.165, 270.170, 270.175(a) introduction through 
270.175(c), 270.180(a)-(b), 270.185, 270.190(a)-(d), 270.195, 270.200, 
270.205, 270.210 introduction through 270.210(b), 270.215(a), 
270.215(a)-(d), 270.220(a)-(b), 270.225, and 270.230(a) through 
270.230(e)(2). However, the TCEQ has a Office of Remediation which is 
responsible for the cleanup of releases of hazardous waste and 
pollutants so that threats to human health and the environment are 
controlled or eliminated. The TCEQ rules which address the Remedial 
Action Plan requirement of the HWIR-media rule are covered in the Texas 
Risk Reduction Program rules at 30 Tex. Admin. Code Ch. 350 and 30 Tex. 
Admin. Code section 350.75.

D. What Changes Are We Authorizing With Today's Action?

    The State of Texas applied for final approval of its revision to 
its complete program in accordance with 40 CFR 271.21. Texas' revisions 
consist of regulations which specifically govern Federal Hazardous 
Waste promulgated from July 1, 1995, to June 30, 2000 (RCRA Clusters 
VII through X). Texas requirements are included in a chart with this 
document. The EPA is now making an immediate final decision, subject to 
receipt of written comments that oppose this action, that Texas' 
Hazardous Waste Program revision satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, we grant Texas 
final authorization for the following program revisions:

[[Page 18128]]



------------------------------------------------------------------------
            Federal citation                       State analog
------------------------------------------------------------------------
1. Criteria for Classification of Solid  Texas Water Code Annotated
 Waste Disposal Facilities and            section 5.103 (Vernon 2000),
 Practices; Identification and Listing    effective September 1, 1995,
 of Hazardous Waste; Requirements for     as amended; Texas Health &
 Authorization of State Hazardous Waste   Safety Code Annotated section
 Programs; [61 FR 34252] July 01, 1996.   361.017 (Vernon 2001)
 (Checklist 153).                         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.78(f)(3)(A)-G and
                                          (g)(3)(A)-(G), effective
                                          October 19, 1998.
2. Hazardous Waste Treatment; Storage    Texas Water Code Annotated
 and Disposal Facilities and Hazardous    section 5.103 (Vernon 2000),
 Waste Generators; Organic Air Emission   effective September 1, 1995,
 Standards for Tanks, Surface             as amended; Texas Health &
 Impoundments and Containers; [61 FR      Safety Code Annotated section
 59931] November 25, 1996; [59 FR         361.017 (Vernon 2001)
 62896] December 6, 1994; [60 FR 26828]   effective September 1, 1995,
 May 19, 1995; [60 FR 50426] September    as amended; Texas Health &
 29, 1995; [60 FR 56952] November 13,     Safety Code Annotated section
 1995; [61 FR 4903]; [61 FR 28508] June   361.024 (Vernon 2001),
 5, 1996]. (Checklists 154, 154.1,        effective September 1, 1995,
 154.2, 154.3, 154.4, 154.5, and 154.6).  as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.061 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2002),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.31, effective November 15,
                                          2001, as amended; section
                                          335.24(e), and, effective
                                          April 4, 1999, as amended,
                                          section 335.69(f)(2),
                                          335.69(a)(1)(A)-(B), effective
                                          November 15, 2001, as amended;
                                          section 335.152(a)(1),
                                          335.152(a)(4), 335.152(a)(7)-
                                          (9), 335.152(a)(16)-(19),
                                          effective November 18, 2001;
                                          335.111(a), effective November
                                          15, 2001; 335.112(a)(1),
                                          335.112(a)(4), 335.112(a)(8)-
                                          (10), 335.112(a)(19)-(21),
                                          335.112(a)(24), effective
                                          November 18, 2001; 305.122(a),
                                          effective November 15, 2001,
                                          as amended and 305.50(a)(A),
                                          effective November 18, 2001,
                                          as amended.
3. Land Disposal Restrictions Phase      Texas Water Code Annotated
 III--Emergency Extension of the K088     section 5.103 (Vernon 2000),
 Capacity Variance, [62 FR 1992]          effective September 1, 1995,
 January 14, 1997. (Checklist 155).       as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.341(c), effective April
                                          30, 2000.
4. Military Munitions Rule; Hazardous    Texas Water Code Annotated
 Waste Identification and Management      section 5.103 (Vernon 2000),
 Explosives Emergencies; Manifest         effective September 1, 1995,
 Exemptions for Transport of Hazardous    as amended; Texas Health &
 Waste on Right-of-Ways on Contiguous     Safety Code Annotated section
 Properties, [62 FR 6622] February 12,    361.017 (Vernon 2001)
 1997. (Checklist 156).                   effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.061 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Texas
                                          Health & Safety Code Annotated
                                          section 361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1, and 335.61, effective
                                          April 12, 2001, as amended;
                                          section 335.10(h), effective
                                          May 20, 1999, 335.91(f), and
                                          (g), 335.41(d)(2), effective
                                          April 12, 2001, as amended,
                                          335.271, 335.272, effective
                                          April 12, 2001, as amended,
                                          335.271, 335.272, effective
                                          April 12, 2001, as amended;
                                          335.152(a)(4), 335.152(a)(20),
                                          335.112(a)(4), 335.112(a)(22),
                                          effective November 18, 2001,
                                          as amended and 305.69(j)
                                          effective April 12, 2001, as
                                          amended.
5. Land disposal Restrictions--Phase     Texas Water Code Annotated
 IV: Treatment Standards for Wood         section 5.103 (Vernon 2000),
 Preserving Wastes, Paperwork Reduction   effective September 1, 1995,
 and Streamlining, Exemptions From RCRA   as amended; Texas Health &
 for Certain Processed Materials; and     Safety Code Annotated section
 Miscellaneous Hazardous Waste            361.017 (Vernon 2001)
 Provisions, [62 FR 25998] May 12,        effective September 1, 1995,
 1997. (Checklist 157).                   as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 30
                                          Texas Administrative Code
                                          section 335.1 (definition of
                                          solid waste), effective May
                                          30, 2001, as amended;
                                          335.17(a)(9)-(12), and
                                          335.24(c)(2), effective April
                                          4, 1999. The State law is more
                                          stringent than the Federal
                                          rule because the State does
                                          not have provisions equivalent
                                          to 40 CFR 268.(a)(10)
                                          regarding tolling agreements.
                                          State law has no provision
                                          equivalent to 40 CFR
                                          268.44(a), under which EPA may
                                          assure a variance from an
                                          applicable treatment standard.

[[Page 18129]]

 
6. Hazardous Waste Management System;    Texas Water Code Annotated
 Testing and Monitoring Activities, [62   section 5.103 (Vernon 2000),
 FR 32452] June 13, 1997. (Checklist      effective September 1, 1995,
 158).                                    as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.31, effective October 19,
                                          1998; section 335.132(a)(17)-
                                          (18), 335.152(a)(22)(E),
                                          335.112(a)(19)-(20), effective
                                          April 12, 2001;
                                          335.221(a)(15), 335.221(17)-
                                          (18), effective April 4, 1999
                                          and 335.221(a), effective
                                          April 4, 1999.
7. Hazardous Waste Management System;    Texas Water Code Annotated
 Carbamate Production, Identification     section 5.103 (Vernon 2000),
 and Listing of Hazardous Waste; Land     effective September 1, 1995,
 Disposal Restrictions, [62 FR 32974]     as amended; Texas Health &
 June 17, 1997. (Checklist 159).          Safety Code Annotated section
                                          361.003 (Vernon 2001),
                                          effective September 1, 1991,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          section 335.431(c)(1),
                                          effective April 20, 2000.
8. Land Disposal Restrictions Phase      Texas Water Code Annotated
 III--Emergency Extension of the K088     section 5.103 (Vernon 2000),
 National Capacity Variance, [62 FR       effective September 1, 1995,
 37694] July 14, 1997. (Checklist 160).   as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431(c), effective April
                                          30, 2000.
9. Second Emergency Revision of the      Texas Water Code Annotated
 Land Disposal Restrictions (LDR)         section 5.103 (Vernon 2000),
 Treatment Standards for Listed           effective September 1, 1995,
 Hazardous Wastes From Carbamate          as amended; Texas Health &
 Production, [62 FR 45568] August 28,     Safety Code Annotated section
 1997. (Checklist 161).                   361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431, effective April 30,
                                          2000.
10. Organic Air Emission Standards for   Texas Water Code Annotated
 Tanks, Surface Impoundments, and         section 5.103 (Vernon 2000),
 Containers; Clarification and            effective September 1, 1995,
 Technical Amendments, [62 FR 64636]      as amended; Texas Health &
 December 8, 1997. (Checklist 163).       Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.152(a)(1), 335.152(a)(4),
                                          335.152(a)(17)-(19);
                                          335.112(a)(1), 335.112(a)(4),
                                          335.112(a)(19)-(21),
                                          335.112(a)(24), effective
                                          November 18, 2001, as amended;
                                          305.50(4)(A), effective March
                                          21, 2000.
11. Kraft Mill Steam Stripper            Texas Water Code Annotated
 Condensate Exclusion, [63 FR 18504]      section 5.103 (Vernon 2000),
 April 15, 1998. (Checklist 164).         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of solid
                                          waste)(A)(iv), effective
                                          November 15, 2001.
12. Recycled Used Oil Management         Texas Water Code Annotated
 Standards; Technical Correction and      section 5.103 (Vernon 2000),
 Clarification, [63 FR 24963] May 6,      effective September 1, 1995,
 1998. (Checklist 166).                   as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Chapter
                                          371, effective September 1,
                                          1991, as amended; 30 Texas
                                          Administrative Code section
                                          3355.78(j), effective October
                                          19, 1998; section
                                          335.24(c)(4)(A)-(C), effective
                                          April 14, 1999; section
                                          section 324.1, 324.3, 324.6,
                                          324.11-14, effective August 8,
                                          1999.

[[Page 18130]]

 
13. Land Disposal Restrictions Phase IV- Texas Water Code Annotated
 Treatment Standards for Metal Wastes     section 5.103 (Vernon 2000),
 and Mineral Processing Wastes, [63 FR    effective September 1, 1995,
 28556] May 26, 1998. (Checklist 167 A).  as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1,
14. Land Disposal Phase IV--Hazardous    Texas Water Code Annotated
 Soils Treatment Standards and            section 5.103 (Vernon 2000),
 Exclusions, [63 FR 28556] May 26,        effective September 1, 1995,
 1998. (Checklist 167 B).                 as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.69(f)(4)(C), effective
                                          March 18, 2001; section
                                          335.431(c), effective November
                                          15, 2001. State law has no
                                          provision equivalent to 40 CFR
                                          268.44(a), under which EPA may
                                          assure a variance from an
                                          applicable treatment standard.
15. Land disposal Restrictions Phase     Texas Water Code Annotated
 IV--Corrections, [63 FR 28556] May 26,   section 5.103 (Vernon 2000),
 1998. (Checklist 167 C).                 effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431(c), effective November
                                          15, 2001 and section 335.431,
                                          effective April 30, 2000, as
                                          amended. State law has no
                                          provision equivalent to 40 CFR
                                          268.44(a), under which EPA may
                                          assure a variance from an
                                          applicable treatment standard.
16. Mineral Processing Secondary         Texas Water Code Annotated
 Material Exclusion, [63 FR 28556] May    section 5.103 (Vernon 2000),
 26, 1998. (Checklist 167 D).             effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1,
17. Bevil Exclusion Revision and         Texas Water Code Annotated
 Clarification, [63 FR 28556] May 26,     section 5.103 (Vernon 2000),
 1998. (Checklist 167 E).                 effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective May
                                          30, 2001 as amended; 335.1
                                          (definition of hazardous
                                          waste, effective January 26,
                                          1994, as amended.
18. Exclusion of Recycled Wood           Texas Water Code Annotated
 Preserving Wastewater, [63 FR 28556]     section 5.103 (Vernon 2000),
 May 26, 1998. (Checklist 167 F).         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective May
                                          30, 2001 as amended; 335.1
                                          (definition of a hazardous
                                          waste, effective January 26,
                                          1994, as amended.
19. Hazardous Waste Combustors Revised   Texas Water Code Annotated
 Standards [63 FR 33782] June 19, 1998.   section 5.103 (Vernon 2000),
 (Checklist 168).                         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective May
                                          30, 2001; section 305.69(i),
                                          305.69(k), effective April 12,
                                          2001; 305.51(a)(8), effective
                                          December 5,

[[Page 18131]]

 
20. Petroleum Refining Process, [63 FR   Texas Water Code Annotated
 42110] August 6, 1998; [63 FR 54356]     section 5.103 (Vernon 2000),
 October 9, 1998. (Checklist 169 &        effective September 1, 1995,
 169.1).                                  as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of hazardous
                                          waste) effective January 26,
                                          1994, as amended,
                                          335.1(129)(A)(iv) (definition
                                          of a solid waste), effective
                                          May 30, 2001, as amended;
                                          335.431, effective April 30,
                                          2000, as amended.
21. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Zinc Micronutrient Fertilizers,      section 5.103 (Vernon 2000),
 Administrative Stay, [63 FR 46332]       effective September 1, 1995,
 August 31, 1998. (Checklist 170).        as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431, effective April 30,
                                          2000 as amended.
22. Emergency Revision of Land Disposal  Texas Water Code Annotated
 Restrictions (LDR) Treatment Standards   section 5.103 (Vernon 2000),
 for Listed Hazardous Waste from          effective September 1, 1995,
 Carbamate Production, [63 FR 47409]      as amended; Texas Health &
 September 4, 1998. (Checklist 171).      Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431, effective April 30,
                                          2000, as amended.
23. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Extension of Compliance Date for     section 5.103 (Vernon 2000),
 Characteristic Slags, [63 FR 48124]      1995, as amended; Texas Health
 September 9, 1998. (Checklist 172).      & Safety Code Annotated
                                          section 361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.431, effective November
                                          15, 2001, as amended.
24. Land Disposal Restrictions--         Texas Water Code Annotated
 Treatment Standards for Spent            section 5.103 (Vernon 2000),
 Potliners from Primary Aluminum          effective September 1, 1995,
 Reduction (K088), [63 FR 51254]          as amended; Texas Health &
 September 24, 1998. (Checklist 173).     Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as, amended; 30 Texas
                                          Administrative Code section
                                          335.431(c), effective November
                                          15, 2001.
25. Hazardous Remediation Waste          Texas Water Code Annotated
 Management Requirements (HWIR-Media),    section 5.103 (Vernon 2000),
 [63 FR 65874] November 30, 1998.         effective September 1, 1995,
 (Checklist 175).                         as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Heath &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001)
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          section 335.1 (definition of
                                          staging pile), and 335.111(a),
                                          effective November 15, 2001;
                                          335.431, effective November
                                          15, 2001; and 335.152(a)(14),
                                          effective November 18, 2001.
26. Universal Waste Rule--Technical      Texas Waste Code Annotated
 Amendments, [63 FR 71225] December 24,   section 5.103 (Vernon 2000),
 1998. (Checklist 176).                   effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
27. Organic Air Emission Standards:      Texas Water Code Annotated
 Clarification and Technical Amendments   section 5.103 (Vernon 2000),
 [64 FR 3382, January 21, 1999.           effective September 1, 1995,
 (Checklist 177).                         as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.69(a)(1)(A)-(B) effective
                                          March 18, 2001;
                                          335.152(a)(17), (19) and (21),
                                          effective November 18, 2002.

[[Page 18132]]

 
28. Petroleum Refining Process Wastes--  Texas Water Code Annotated
 Leachate Exemption, [64 FR 6806]         section 5.103 (Vernon 2000),
 February 11, 1999. (Checklist 178).      effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended.
29. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Technical Corrections and            section 5.103 (Vernon 2000),
 Clarifications to Treatment Standards,   effective September 1, 1995,
 [64 FR 25408] May 11, 1999. (Checklist   as amended; Texas Health &
 179).                                    Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          section 335.1 (definition of
                                          solid waste), effective May
                                          30, 2001; section 335.431(c),
                                          effective November 15, 2001.
30. Guideline for Establishing Test      Texas Water Code Annotated
 Procedures for the Analysis of Oil and   section 5.103 (Vernon 2000),
 Grease and Non-Polar Material Under      effective September 1, 1995,
 the Clean Water Act and Resource         as amended; Texas Health &
 Conservation and Recovery Act, [64 FR    Safety Code Annotated section
 26315] June 14, 1999. (Checklist 180).   361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Taxes
                                          Administrative Code section
                                          335.31, effective November 15,
                                          2001.
31. Universal Waste Rule: Specific       Texas Water Code Annotated
 Provisions for Hazardous Waste Lamps,    section 5.103 (Vernon 2000),
 [64 FR 36466] July 6, 1999. (Checklist   effective September 1, 1995,
 181).                                    as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of universal
                                          waste), effective May 30,
                                          2001; section 335.2(1),
                                          effective April 30, 2000;
                                          section 335.41(j), effective
                                          April 12, 2001; section
                                          335.151(b), effective February
                                          22, 1994; section 335.261(a)-
                                          (b), effective April 30, 2000;
                                          and section 335.431(b)(3),
                                          effective November 15, 2001.
32. NESHAPS: Final Standards for         Texas Water Code Annotated
 Hazardous Air Pollutants for Hazardous   section 51.03 (Vernon 2000),
 Waste Combustors, Miscellaneous Units,   effective September 1, 1995,
 and Secondary Lead Smelters;             as amended; Texas Health &
 Clarification of BIF Requirements        Safety Code Annotated section
 Technical Correction to Fast-track       361.017 (Vernon 2001)
 Rule (MACT Rule), [64 FR 52827]          effective September 1, 1995,
 September 30, 1999; [64 FR 63209]        as amended; Texas Health &
 November 19, 1999. (Checklist 182 &      Safety Code Annotated section
 182.1).                                  361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 200),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (129)(A)(iv) (Definition
                                          of solid waste), effective
                                          November 15, 2001,
                                          335.152(a)(13),
                                          335.112(a)(14), effective
                                          November 18, 2001; section
                                          305.50(4)(A), section
                                          305.69(i), effective November
                                          15, 2001; section 335.1
                                          (definitions), 335.221(a),
                                          335.221(a)(1), 305.50(4)(A),
                                          305.571(b), and 335.222(a)(c),
                                          effective November 15, 2001.
33. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Technical Corrections, [64 FR        section 5.103 (Vernon 2000),
 56469] October 20, 1999. (Checklist      effective September 1, 1995,
 183).                                    as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          section 335.431(c) effective
                                          November 15, 2001.
34. Waste Water Treatment Sludges from   Texas Water Code Annotated
 Metal Finishing Industry; 180-day        section 5.103 (Vernon 2000),
 Accumulation time. [65 FR 12378] March   effective September 1, 1995,
 8, 2000. (Checklist 184).                as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.69(j)-(l) effective March
                                          18, 2001.

[[Page 18133]]

 
35. Organobromine Production Waste, [65  Texas Water Code Annotated
 FR 14472] March 17, 2000. (Checklist     section 5.103 (Vernon 2000),
 185).                                    effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (definition of a -- --
36. Organobromine Production Waste and   Texas Water Code Annotated
 Petroleum Refining Process Waste;        section 5.103 (Vernon 2000),
 Technical Correction, [65 FR 36365       effective September 1, 1995,
 June 8, 2000. (Checklist 187).           as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code section
                                          335.1 (Definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          section 335.431(c) effective
                                          November 15, 2001.
------------------------------------------------------------------------

E. What Is the Relationship Between the Resource Conservation and 
Recovery Act and the Hazardous Waste Combustor MACT? How Does This 
Affect Delegation of This Standard to Texas Commission on Environmental 
Quality's Authorization?

    In this authorization document, the State of Texas is also seeking 
authorization for the Post-Closure Permit Requirement and Closure 
Process, (Checklist 174). On September 30, 1999, the EPA finalized the 
National Emission Standards for Hazardous Air Pollutants (NESHAP) for 
three categories waste combustors (HWCs): Incinerators, cement kilns 
and light-weight aggregate kilns (64 FR 52828). The EPA promulgated 
this rule under joint authority of the Clean Air Act (CAA) and (RCRA). 
Before this rule went into effect, the air emissions from these three 
types of HWCs were primarily regulated under the authority of RCRA (see 
40 CFR parts 264, 265, 266, and 270). However, with the release of the 
final HWC NESHAP (see 40 CFR part 63 subpart EEE), the air emissions 
from these sources are now regulated under RCRA and the CAA. Even 
though both statutes give the EPA the authority to regulate these 
emissions, the EPA has determined that having emissions standards and 
permitting requirements in both sets of implementing regulations would 
be duplicative. For this reason, using the authority provided by 
section 1006(b) of RCRA, the EPA deferred the RCRA requirements for HWC 
emission controls to the CAA requirements of 40 CFR part 63 subpart 
EEE.
    Therefore, with today's authorization of the State of Texas for the 
RCRA provisions of the September 30, 1999, HWC NESHAP rule, the RCRA 
waste management standards for air emissions from these units will no 
longer apply after the facility has demonstrated compliance with 40 CFR 
part 63 subpart EEE. One notable exception concerns section 3005(c)(3) 
of RCRA, which requires that each RCRA permit contain the terms and 
conditions necessary to protect human health and the environment. Under 
this provision of RCRA, if a regulatory authority determines that more 
stringent conditions than the HWC NESHAP are necessary to protect human 
health and environment for a particular facility, then the regulatory 
authority may impose those conditions in the facility's RCRA permit. 
(See the HWC MACT rule preamble discussion on the interrelationship of 
the MACT rule with the RCRA Omnibus provision and site specific risk 
assessment at 64 FR 52828, pages 52839-52843, September 30, 1999, and 
RCRA Site-Specific Risk Assessment Policy for Hazardous Waste 
Combustion Facilities dated June, 2000, for more information.

E. What Decisions Has the EPA Made?

    The EPA concludes that Texas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, the EPA grants Texas final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Texas has the 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian Country) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the Hazardous and 
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Texas, including issuing permits, 
until the State is granted authorization to do so.

F. How Do the Revised State Rules Differ From the Federal Rules?

    The EPA considers the following state requirement to be more 
stringent than the federal: The state law is more stringent than the 
federal rule because the State does not have provisions equivalent to 
40 CFR 268.(a)(10) regarding tolling agreements. State law has no 
provision equivalent to 40 CFR 268.44(a), under which EPA may approve a 
variance from an applicable treatment standard. In this authorization, 
there are no broader in scope provisions. The EPA cannot enforce 
broader in scope requirements.

G. Who Handles Permits After This Authorization Takes Effect?

    The State will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. The EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits which we issued prior to the effective date of this 
authorization. Upon authorization of the State program, EPA will 
suspend issuance of Federal permits for hazardous waste treatment, 
storage, and disposal facilities for which the State is receiving 
authorization. EPA will not issue any more new permits or new portions 
of permits for the provisions listed in the Table above after the 
effective date of this authorization. The EPA will continue to 
implement and issue permits for HSWA requirements for which Texas is 
not yet authorized.

[[Page 18134]]

H. Why Wasn't There a Proposed Rule Before Today's Notice?

    The EPA is authorizing the State's changes through this immediate 
final action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
does not expect comments that oppose this action. The EPA is providing 
an opportunity for public comment in the proposed rules section of 
today's Federal Register, where we are publishing a separate document 
that proposes to authorize the State changes. If EPA receives comments 
which oppose this authorization, that document will serve as a proposal 
to authorize the changes.

I. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number TX-01-02. We must receive your comments by May 15, 2003. 
You may not have an opportunity to comment again. If you want to 
comment on this action. You must do so at this time.

J. What Happens if EPA Receives Comments Opposing This Action?

    If EPA receives comments which oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. The EPA will base any further 
decision on the authorization of the State program changes on the 
proposal mentioned in the previous paragraph. EPA will then address all 
public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

K. When Will This Approval Take Effect?

    Unless EPA receives comments that oppose this action, this final 
authorization approval will become effective without further notice on 
June 16, 2003.

L. Where Can I Review the State's Applications?

    You can view and copy the State of Texas' application from 8:30 
a.m. to 4 p.m., Monday through Friday at the following addresses: Texas 
Commission on Environmental Quality, 12100 Park 35 Circle, Austin TX 
78753-3087, (512) 239-1121 and EPA, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, (214) 665-6444. For further information contact Alima 
Patterson, Regional Authorization Coordinator, Grants and Authorization 
Section (6PD-G), Multimedia Planning and Permitting Division, EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.

M. How Does Today's Action Affect Indian Country in Texas?

    Texas is not authorized to carry out its Hazardous Waste Program in 
Indian country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian country.

N. What Is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized Hazardous Waste 
Program into the CFR. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR part 272, subpart SS for this codification of Texas' program 
changes until a later date.

Statutory and Executive Order Reviews

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore, this action is not subject to review by OMB. This 
rule incorporated by reference Texas' authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. This final rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by 
reference will not impose any new burdens on small entities. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
merely incorporates by reference certain existing State hazardous waste 
management program requirements which EPA already approves under 40 CFR 
part 271, and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255 (1999)), because it merely incorporates by reference existing 
State hazardous waste management program requirements without altering 
the relationship or the distribution of power and responsibilities 
established by RCRA. This action also does not have Tribal implications 
within the meaning of Executive Order 13175 (65 FR 67249(2000)).
    This action also is not subject to Executive Order 13045 (62 FR 
19885 (1997)), because it is not economically significant and it does 
not make decisions based on environmental health or safety risks. This 
action is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply Distribution or 
Use'' (66 FR 28344 (2001)) because it is not a significant regulatory 
action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
incorporation by reference as long as the State meets the criteria 
required by RCRA. It would thus be inconsistent with applicable law for 
EPA, when it reviews a State incorporation by reference application, to 
require the use of any particular voluntary consensus standard in place 
of another standard that otherwise satisfies the requirements of RCRA. 
Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. The 
final rule does not include environmental justice issues that require 
consideration under Executive Order 12898 (59 FR 7629, February 16, 
1994). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. As required by section 3 of Executive Order 
12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the

[[Page 18135]]

Congress and to the Comptroller General of the United States prior to 
publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective on June 16, 2003.

List of Subjects in 40 CFR Part 271

    Administrative practice and procedure, Confidential business 
information, Hazardous materials transportation, Hazardous waste, 
Indian lands, Intergovernmental relations, Penalties, Reporting and 
recordkeeping requirements, Water pollution control, Water supply.

    Authority: This action is issued under the authority of sections 
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 27, 2003.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 03-9044 Filed 4-14-03; 8:45 am]
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